Theory Explanation Example from law
Harm Everyone in the community has the right to be free from harm. Harm can be caused to the Offences such as murder,
wider community which may include harm to public security manslaughter and non-fatal offences
make harm illegal.
Regulatory offences (usually strict
liability) deal with risk of harm to the
public dealing with issues e.g.
pollution, selling products to under-
age children.
Road traffic offences are aimed at
avoiding harm to other road users
and pedestrians.
Paternalistic Some conducts should be criminalised in order to protect us from ourselves – the supply R v Brown - the men’s conduct was
and use of drugs. ruled to be criminal even though no
Where potentially illegal conduct is carried out in private between consenting adults the one complained to the police and the
law is not consistent activities were carried out in private.
Moralism Conduct is wrongful if it is morally wrong.
Laws may be used to prohibit or require behaviour based on society’s collective judgement
of whether the behaviour is moral or not.
The opposite view is legal liberalism which holds that laws may only be used if they
promote liberty.
Autonomy of the An individual should have freedom to do what he or she wants, where he or she wants and
individual when he or she wants.
Any attempt to limit autonomy should only be where it is necessary to limit harm so where
a person decides to attack another person, then the autonomy of that choice can be
limited.
Autonomy also means that individuals should be treated as responsible for their own
behaviour which links with idea of fault.
Limited autonomy There are groups of people whose ability to make choices is considered less than E.g. protecting children by prohibiting
competent adults (those under 18 and those suffering from a mental disorder). selling products to children below
Criminal law is used to protect such groups as it is thought they are not in a position to specified ages and prohibiting sexual
Harm Everyone in the community has the right to be free from harm. Harm can be caused to the Offences such as murder,
wider community which may include harm to public security manslaughter and non-fatal offences
make harm illegal.
Regulatory offences (usually strict
liability) deal with risk of harm to the
public dealing with issues e.g.
pollution, selling products to under-
age children.
Road traffic offences are aimed at
avoiding harm to other road users
and pedestrians.
Paternalistic Some conducts should be criminalised in order to protect us from ourselves – the supply R v Brown - the men’s conduct was
and use of drugs. ruled to be criminal even though no
Where potentially illegal conduct is carried out in private between consenting adults the one complained to the police and the
law is not consistent activities were carried out in private.
Moralism Conduct is wrongful if it is morally wrong.
Laws may be used to prohibit or require behaviour based on society’s collective judgement
of whether the behaviour is moral or not.
The opposite view is legal liberalism which holds that laws may only be used if they
promote liberty.
Autonomy of the An individual should have freedom to do what he or she wants, where he or she wants and
individual when he or she wants.
Any attempt to limit autonomy should only be where it is necessary to limit harm so where
a person decides to attack another person, then the autonomy of that choice can be
limited.
Autonomy also means that individuals should be treated as responsible for their own
behaviour which links with idea of fault.
Limited autonomy There are groups of people whose ability to make choices is considered less than E.g. protecting children by prohibiting
competent adults (those under 18 and those suffering from a mental disorder). selling products to children below
Criminal law is used to protect such groups as it is thought they are not in a position to specified ages and prohibiting sexual
